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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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07/25/2005
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NOTICE-DISCRETIONARY JURIS (DIRECT CONFLICT)
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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07/26/2005
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Filing Fee $300
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2005 - 1002326 Amount: $300
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07/26/2005
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Fee Paid In Full - $300
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08/02/2005
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JURIS INITIAL BRIEF
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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O&5 W/APPENDIX (FOOTNOTE FONT NON-COMPLIANCE)
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08/03/2005
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ORDER-BRIEF/APPENDIX STRICKEN (NON-COMPLIANCE)
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Petitioner's jurisdictional brief with appendix, which was filed with this Court on August 2, 2005, does not comply with Florida Rules of Appellate Procedure 9.120(d) and 9.210 and is hereby stricken. Petitioner is hereby directed, on or before August 23, 2005, to serve an original and five (5) copies of an amended brief with appendix which contains footnotes in the same size type font as the text.
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08/04/2005
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NOTICE-APPEARANCE
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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08/15/2005
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MOTION-ATTORNEYS FEES
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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FILED AS RESPONDENTS' MOTION TO TAX ATTORNEYS' FEES AND COSTS (ORIGINAL ONLY); 08/22/2005: 4 COPIES FILED
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08/24/2005
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JURIS INITIAL AMD BRIEF
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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O&5 W/APPENDIX (& E-MAIL)
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09/19/2005
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JURIS ANSWER BRIEF
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&5 & E-MAIL (INCORRECT SPACING)
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09/19/2005
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Respondent's jurisdictional brief, which was filed with this Court on September 19, 2005, does not comply with Florida Rule of Appellate Procedure 9.210(a)(2) and is hereby stricken. Respondent is hereby directed, on or before October 9, 2005, to serve an original and five (5) copies of an amended jurisdictional brief which is double-spaced and does not exceed ten (10) pages in length.
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10/14/2005
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JURIS ANSWER AMD BRIEF
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7 & E-MAIL
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04/05/2006
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ORDER-JURIS ACCEPT/BRIEF SCHED (OA LATER DATE)
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The Court accepts jurisdiction of this case. Oral argument will be set by separate order. Counsel for the parties will be notified of the oral argument date approximately sixty (60) days prior to oral argument.
Petitioner's brief on the merits shall be served on or before May 1, 2006; respondent's brief on the merits shall be served twenty (20) days after service of petitioner's brief on the merits; and petitioner's reply brief on the merits shall be served twenty (20) days after service of respondent's brief on the merits. Please file an original and seven (7) copies of all briefs.
The Clerk of the Second District Court of Appeal shall file the original record which shall be properly indexed and paginated on or before June 5, 2006. The record shall include the briefs filed in the district court separately indexed.
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04/17/2006
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RECORD/TRANSCRIPT
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Hon. James Birkhold BY: Hon. James Birkhold
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(5 VOLUMES OF RECORD, 1 CONSTRUCTED VOLUME OF BRIEFS, 1 MANILLA ENVELOPE OF EXHIBITS & CERT. OF CLERK)
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04/19/2006
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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FILED AS "PETITIONER'S UNOPPOSED MOTION FOR EXTENSION OF TIME TO SERVE INITIAL BRIEF ON THE MERITS"
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04/19/2006
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MOTION-TOLL TIME
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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04/20/2006
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including June 1, 2006, in which to serve the initial brief on the merits. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR THE FILING OF THE INITIAL BRIEF ON THE MERITS. All other times will be extended accordingly.
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04/20/2006
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NOTICE-ADDRESS CHANGE
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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05/04/2006
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NOTICE-RELATED CASE(S)
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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05/26/2006
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MOTION-AMICUS CURIAE
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NPAC Amwest Surety Insurance Company BY: NPAC Duane A. Daiker 8280
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AMWEST SURETY INSURANCE COMPANY
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05/26/2006
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MOTION-AMICUS CURIAE
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MR Florida Home Builders Association FHBA BY: MR David K. Miller 213128
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FLORIDA HOME BUILDERS ASSOCIATION'S AND NATIONAL ASSOCIATION OF HOME BUILDERS'
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06/02/2006
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MOTION-AMICUS CURIAE
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MP National Association Mutual Insurance Companies BY: MP Denise V. Powers 365009
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NATIONAL ASSOCIATION OF MUTUAL INSURANCE COMPANIES
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06/05/2006
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INITIAL BRIEF-MERITS
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PT United States Fire Insurance Company BY: PT Sina Bahadoran 523364
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(O&7 & E-MAIL) (NO APPENDIX)
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06/06/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Florida Home Builders Association's ("FHBA") and National Association of Home Buiders' ("NAHB") is hereby granted and they are allowed to file brief only in support of respondents. The motion for leave to file brief as amicus curiae filed by Amwest Surety Insurance Company ("AMWEST") is hereby granted and they are allowed to file brief only.
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06/06/2006
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP National Association Mutual Insurance Companies BY: MP Denise V. Powers 365009
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(O&7 & E-MAIL)
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06/07/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by National Association of Mutual Insurance Companies ("NAMIC") is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 6, 2006.
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06/08/2006
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MOTION-AMICUS CURIAE
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WD Property Casualty Insurers Assoc. Of America BY: WD Alyssa M. Campbell 0715034
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PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA ("PCI") (6/16/06 - AMD MOTION FILED)
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06/08/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Associated General Contractors Of America (Agca) BY: MR Patrick J Wielinski
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06/08/2006
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MOTION-AMICUS CURIAE
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MR Associated General Contractors Of America (Agca) BY: MR Warren H. Husband 0979899
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06/08/2006
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MOTION-AMICUS CURIAE
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MP Complex Insurance Claims Litigation Association BY: MP William D. Horgan 176877
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(E-MAIL)
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06/08/2006
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Complex Insurance Claims Litigation Association BY: MP William D. Horgan 176877
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(O&7 & E-MAIL)
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06/09/2006
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MOTION-AMICUS CURIAE
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MP Mid-Continent Casualty Company BY: MP Pamela A. Chamberlin 444006
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06/09/2006
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Mid-Continent Casualty Company BY: MP Pamela A. Chamberlin 444006
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(O&7 & E-MAIL)
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06/09/2006
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MOTION-AMICUS CURIAE
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MP Amerisure Insurance Company BY: MP Rebecca A. Brownell 507059
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(E-MAIL)
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06/09/2006
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Amerisure Insurance Company BY: MP Rebecca A. Brownell 507059
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(O&7 & DISC & E-MAIL)
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06/12/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Hartford Fire Insurance Co. BY: MP Levon G. Hovnatanian
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(O&7)
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06/12/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Hartford Fire Insurance Co. BY: MP Christopher W Martin
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(O&7)
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06/12/2006
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MOTION-AMICUS CURIAE
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MP Hartford Fire Insurance Co. BY: MP Perry N. Bass 360724
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(O&7)
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06/12/2006
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AMICUS CURIAE INITIAL BRIEF-MERITS
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MP Hartford Fire Insurance Co. BY: MP Perry N. Bass 360724
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(O&7) (NO E-MAIL)
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06/13/2006
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APPENDIX
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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(O&7) TO MERITS BRIEF
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06/15/2006
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ORDER-AMICUS CURIAE GR
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The joint motion for leave to file brief as amicus curiae filed by the Associated General Contractors of America, Florida A.G.C. Council, Inc., The Associated General Contractors of Greater Florida, Inc., South Florida Chapter of the Associated General Contractors, Florida East Coast Chapter of the Associated General Contractors of America, Inc. (collectively, "AGC"), American Subcontractors Association, Inc., and American Subcontractors of Florida, Inc. (collectively, "ASA"), is hereby granted and they are allowed to file brief only in support of respondent, J.S.U.B., INC. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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06/15/2006
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MOTION-AMICUS CURIAE
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MR Academy Of Florida Trial Lawyers AFTL BY: MR Stephen A. Marino, Jr. 79170
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06/26/2006
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MAIL RETURNED
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NPAC Amwest Surety Insurance Company BY: NPAC Steven G. Schember 267600 (PLACED W/FILE)
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06/27/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Complex Insurance Claims Litigation Association ("CICLA") is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 8, 2006. The motion for leave to file brief as amicus curiae and correction thereto, filed by Property Casual Insurers Association of America ("PCI") are hereby granted and they are allowed to and including July 12, 2006, in which to serve a brief only in support of petitioner. All other time will be extended accordingly.
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06/29/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MR Poole & Kent Company BY: MR Joseph L. Oliva
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(07/10/06, AMD. MOTION FILED)
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06/29/2006
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MOTION-AMICUS CURIAE
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MR Poole & Kent Company BY: MR Daniel J. Santaniello 860948
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W/EXHIBITS
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07/06/2006
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MOTION-AMICUS CURIAE
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MR Mercedes Homes, Inc. BY: MR R. Hugh Lumpkin 308196
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FILED AS: "JOINT MOTION OF ARVIDA/JMB PARTNERS, L.P.; ARVIDA/JMB MANAGERS, INC.; ARVIDA MANAGEMENT LIMITED PARTNERSHIP; AND MERCEDES HOMES, INC. FOR LEAVE TO APPEAR AS AMICI CURIAE AND TO JOIN IN FLORIDA HOME BUILDERS ASSOCIATION'S AND NATIONAL ASSOCIATION OF HOME BUILDERS' AMICUS CURIAE BRIEF IN SUPPORT OF RESPONDENT" (07/13/06, AMD. MOTION FILED W/PROPER CERT. OF SERVICE)
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07/10/2006
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MAIL RETURNED
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NPAC Amwest Surety Insurance Company BY: NPAC Steven G. Schember 267600 (PLACED W/FILE)
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07/14/2006
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NOTICE
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WD Property Casualty Insurers Assoc. Of America BY: WD Alyssa M. Campbell 0715034
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"NOTICE OF ELECTION TO NOT FILE AMICUS BRIEF"
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07/19/2006
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CERTIFICATE OF SERVICE (AMD)
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FOR "NOTICE OF ELECTION TO NOT FILE AMICUS BRIEF" MP Property Casualty Insurers Assoc. Of America BY: MP Alyssa M. Campbell 0715034
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07/19/2006
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MOTION-WITHDRAW (MISC)
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WD Property Casualty Insurers Assoc. Of America BY: WD Alyssa M. Campbell 0715034
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FILED AS "PROPERTY CASUALTY INSURERS ASSOCIATION OF AMERICA'S MOTION FOR LEAVE TO WITHDRAW AS AMICUS"
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07/19/2006
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ORDER-OTHER SUBSTANTIVE GR
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Property Casualty Insurers Association of America's Motion for Leave to Withdraw as Amicus is hereby granted.
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07/20/2006
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motion to appear pro hac vice and amendment thereto, filed in the above cause by Joseph L. Oliva, on behalf of amicus curiae, Poole & Kent Company, is hereby granted contingent upon counsel's payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTION BEING DENIED.
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07/20/2006
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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FILED AS: "RESPONDENT'S MOTION FOR EXTENSION OF TIME TO FILE ANSWER BRIEF OR ALTERNATIVELY, TO DETERMINE DATE BRIEFING IS DUE"
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07/20/2006
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MOTION-TOLL TIME
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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07/26/2006
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FEE PAID-PRO HAC VICE
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MR Poole & Kent Company BY: MR Paul Stephen Jones 149550 - for JOHN OLIVA (R2006-1004548)
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07/26/2006
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Pro Hac Vice
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2006 - 1004548 Amount: $100
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for JOSEPH OLIVA
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07/26/2006
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LETTER
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MR Poole & Kent Company BY: MR Paul Stephen Jones 149550
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DATED 07/25/2006 RE: TRANSMITTAL OF PRO HAC VICE FEE FOR JOHN OLIVA
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07/31/2006
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motions to appear pro hac vice filed in the above cause by Patrick J. Wielinski, on behalf of amicus curiae, Associated General Contractors of America, Florida A.G.C. Council, Inc., The Associated General Contractors of Greater Florida, Inc., South Florida Chapter of the Associated General Contractors, Florida East Coast Chapter of the Associated General Contractors of America, Inc. (collectively, "AGC"), American Subcontractors Association, Inc., and American Subcontractors of Florida, Inc. (collectively, "ASA"); and by Levon G. Hovnatanian and Christopher W. Martin, on behalf of amicus curiae, Hartford Fire Insurance Company, are hereby granted contingent upon counsels' payment of the $100.00 fee required by section 25.241(3), Florida Statutes (2004), within ten (10) days from the date of this order. FAILURE TO TIMELY COMPLY WITH THE PAYMENT REQUIREMENT COULD RESULT IN THIS ORDER BEING VACATED AND THE MOTIONS BEING DENIED.
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07/31/2006
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MAIL RETURNED
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STEVEN G. SCHEMBER - (PLACED W/FILE)
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07/31/2006
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MAIL RETURNED
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STEVEN G. SCHEMBER - 07/19/2006 ORDER - REMAILED TO CORRECT ADDRESS 08/08/2006
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08/01/2006
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ANSWER BRIEF-MERITS
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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W/APPENDIX (O&7 & E-MAIL)
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08/03/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Mid-Continent Casualty Company is hereby granted and they are allowed to file a brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 9, 2006.
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08/03/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Hartford Fire Insurance Company is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 12, 2006.
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08/03/2006
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ORDER-AMICUS CURIAE GR
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The Joint Motion and amendment thereto, of Arvida/JMB Partners, L.P.; Arvida/JMB Managers, Inc.; Arvida Management Limited Partnership; and Mercedes Homes, Inc., for Leave to Appear as Amici Curiae and to Join in Florida Home Builders Association's and National Association of Home Builders' Amicus Curiae Brief in Support of Respondent are hereby granted.
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08/03/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by the Academy of Florida Trial Lawyers ("the Academy") is hereby granted and they are allowed to file brief only in support of respondent, First Home Builders of Florida. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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08/03/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Amerisure Mutual Insurance Company is hereby granted and they are allowed to file brief only in support of petitioner. The brief by the above referenced amicus curiae was filed with this Court on June 9, 2006.
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08/04/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Florida Home Builders Association FHBA BY: MR David K. Miller 213128
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W/APPENDIX (O&7 & E-MAIL)
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08/04/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Donald E. Elder BY: MP Donald E. Elder
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MOTION DOES NOT ANSWER ALL QUESTIONS SET FORTH IN RULE 2.061 (AMD MOTION FILED 08/24/06)
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08/04/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Shaun Mcparland Baldwin BY: MP Shaun Mcparland Baldwin
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MOTION DOES NOT ANSWER ALL QUESTIONS SET FORTH IN RULE 2.061
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08/04/2006
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LETTER
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MR American Subcontractors Of Florida, Inc BY: MR Patrick J Wielinski
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DATED 08/01/06 RE: TRANSMITTAL OF PRO HAC VICE FEE FOR PATRICK J. WIELINSKI
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08/07/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Assoc. General Contractors Of Greater Fl.,Inc BY: MR Patrick J Wielinski
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(O&7) (NON-COMPLIANT E-MAIL) (CERTIFICATE OF SERVICE DOES NOT SHOW SERVICE ON WILLIAM D. HORGAN OR KEITH HETRICK)
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08/07/2006
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Pro Hac Vice
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2006 - 1004611 Amount: $100
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08/07/2006
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FEE PAID-PRO HAC VICE
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for PATRICK J. WIELINSKI (R2006-1004611)
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08/07/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Academy Of Florida Trial Lawyers AFTL BY: MR Stephen A. Marino, Jr. 79170
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(O&7 & E-MAIL) (CERTIFICATE OF SERVICE IS NOT DATED OR SIGNED AND DOES NOT SERVE KEITH HERTICK)
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08/08/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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NPAC Amwest Surety Insurance Company BY: NPAC Duane A. Daiker 8280
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O&7 & E-MAIL (NEED AMD. CERTIFICATE OF SERVICE)
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08/08/2006
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Pro Hac Vice
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2006 - 1004628 Amount: $100
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08/08/2006
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Pro Hac Vice
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2006 - 1004629 Amount: $100
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08/08/2006
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FEE PAID-PRO HAC VICE
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for CHRISTOPHER W. MARTIN (R2006-1004629) & LEVON G. HOVNATANIAN (R2006-1004628)
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08/08/2006
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LETTER
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MP Hartford Fire Insurance Co. BY: MP Levon G. Hovnatanian
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DATED 08/07/06, RE: TRANSMITTAL OF PRO HAC VICE FEES FOR LEVON G. HOVNATANIAN & CHRISTOPHER W. MARTIN
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08/09/2006
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ORDER-COUNSEL PRO HAC VICE DY (FOREIGN COUNSEL)
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Donald E. Elder and Shaun McParland Baldwin's motions for leave to appear pro hac vice, which were filed with this Court on August 4, 2006, do not comply with Florida Rule of Judicial Administration 2.061 and are hereby denied without prejudice to re-file in compliance with said rule. The required contents of the verified motion and the verified form for the motion are contained in rule 2.061. Counsel is expected to include all components in the amended motions and is further expected to answer all questions as set forth in said rule (with the exception of the social security number).
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08/09/2006
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REQUEST-ORAL ARGUMENT
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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08/09/2006
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NOTICE-FILING
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MR Academy Of Florida Trial Lawyers AFTL BY: MR Stephen A. Marino, Jr. 79170
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AMENDED CERT. OF SERVICE FOR AMICUS CURIAE BRIEF FILED 08/07/06
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08/10/2006
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CERTIFICATE OF SERVICE (AMD)
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(FOR KEITH HETRICK AND WILLIAM D. HORGAN) MR Assoc. General Contractors Of Greater Fl.,Inc BY: MR Patrick J Wielinski FOR AMICUS BRIEF FILED ON 8/7/06
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08/10/2006
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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Respondent's Motion for Extension of Time to File Answer Brief or Alternatively, to Determine Date Briefing is Due is granted and respondent's answer brief was filed with this Court on August 1, 2006.
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08/10/2006
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NOTICE-FILING
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NPAC Amwest Surety Insurance Company BY: NPAC Duane A. Daiker 8280
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AMENDED CERT. OF SERVICE FOR AMICUS CURIAE BRIEF FILED ON 08/08/06
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08/10/2006
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CERTIFICATE OF SERVICE (AMD)
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NPAC Amwest Surety Insurance Company BY: NPAC Duane A. Daiker 0008280 FOR AMICUS CURIAE BRIEF FILE 08/08/06
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08/14/2006
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MAIL RETURNED
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STEVEN G. SCHEMBER - 07/31/06 ORDER (REMAILED 08/17/06 TO UPDATED ADDRESS)
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08/24/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Amerisure Insurance Company BY: MP Shaun Mcparland Baldwin
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08/24/2006
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MOTION-COUNS PRO HAC VICE (FOREIGN COUNSEL)
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MP Amerisure Insurance Company BY: MP Donald E. Elder
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08/24/2006
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LETTER
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MP Amerisure Insurance Company BY: MP Donald E. Elder
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DATED 08/23/06, RE: TRANSMITTAL OF PRO HAC VICE FEES FOR DONALD E. ELDER & SHAUN MCPARLAND BALDWIN
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08/25/2006
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ORDER-COUNSEL PRO HAC VICE GR (FOREIGN COUNSEL)
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The motions to appear pro hac vice filed in the above cause by Donald E. Elder and Shaun McParland Baldwin, on behalf of Amerisure Mutual Insurance Company, are hereby granted and counsels' payments of the $100.00 fees required by section 25.241(3), Florida Statutes (2004), were received by this Court on August 24, 2006.
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08/28/2006
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MOTION-OTHER SUBSTANTIVE
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PT United States Fire Insurance Company BY: PT Donna Greenspan Solomon 59110
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FILED AS "PETITIONER'S MOTION TO STRIKE RESPONDENT'S APPENDIX AND ALL REFERENCES THERETO, AND MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF" (GRANTED - 11/01/06)
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08/29/2006
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by Pool & Kent Company is hereby granted and they are allowed to file brief only in support of respondents. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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08/29/2006
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Pro Hac Vice
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2006 - 1004751 Amount: $100
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PRO HAC VICE FEE FOR SHAUN MCPARLAND BALDWIN
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08/29/2006
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Pro Hac Vice
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2006 - 1004750 Amount: $100
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PRO HAC VICE FEE FOR DONALD E. ELDER
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08/29/2006
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FEE PAID-PRO HAC VICE
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FOR DONALD E. ELDER (R2006-1004750) & SHAUN MCPARLAND BALDWIN (R2006-1004751)
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09/05/2006
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RESPONSE
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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TO MOTION TO STRIKE (AMENDED RESPONSE FILED 09/06/06) (SECOND AMENDED RESPONSE FILED 09/06/06)
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09/05/2006
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MOTION-BRIEF PAGE ENLARGEMENT
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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(AMENDED MOTION FILED 09/06/06) (11/01/06 - DENIED)
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09/07/2006
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AMICUS CURIAE ANSWER BRIEF-MERITS
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MR Poole & Kent Company BY: MR Paul Stephen Jones 149550
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O&7 & E-MAIL
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09/07/2006
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APPENDIX
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MR Poole & Kent Company BY: MR Daniel J. Santaniello 860948
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O&7 (FOR AMICUS ANSWER BRIEF-MERITS)
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09/11/2006
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ORDER-APPENDIX STRICKEN
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The appendix for the amicus curiae brief of Poole and Kent Company does not comply with Florida Rule of Appellate Procedure 9.220 and is hereby stricken. The above amicus curiae is directed to file, within ten (10) days from the date of this order, an amended appendix which contains at least a conformed copy of the decision of the district court of appeal and shall also include a certificate of service.
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09/14/2006
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NOTICE-FILING
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MR Poole & Kent Company BY: MR James Paul Waczewski 154989
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AMENDED CERT. OF SERVICE FOR AMICUS CURIAE BRIEF FILED ON 09/06/06
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09/14/2006
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CERTIFICATE OF SERVICE (AMD)
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MR Poole & Kent Company BY: MR James P. Waczewski 154989 FOR AMICUS BRIEF FILED 09/06/06
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09/14/2006
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APPENDIX
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MR Poole & Kent Company BY: MR James Paul Waczewski 154989
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TO AMICUS ANSWER BRIEF-MERITS (O&7)
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09/22/2006
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RESPONSE
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PT United States Fire Insurance Company BY: PT Sina Bahadoran 523364
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TO RESPONDENT'S AMENDED MOTION TO EXTEND PAGE LIMIT
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10/03/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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(7 COPIES FILED 10/09/06)
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11/01/2006
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ORDER-BRIEF STRICKEN
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Petitioner's Motion to Strike Respondent's Appendix and All References Thereto is hereby granted and respondent's answer brief on the merits with appendix filed with this Court on August 1, 2006, is hereby stricken. The appendix attached to the answer brief on the merits constitutes an impermissible attempt to extend the page limitation through its extensive discussion of cases not referenced in the brief. Respondent shall have up to and including November 27, 2006, in which to serve an amended answer brief on the merits which excludes all references to non-record material contained in the appendix filed August 1, 2006. Respondent¿s Motion to Extend the Page Limit of First Home Builders of Florida¿s Answer Brief for the Purpose of Filing Appendices which Set Forth the Handling of Faulty Workmanship Claims Throughout the United States, or Alternatively, Request that Their Appendices be Treated as a Notice of Supplemental Authority, and amendment thereto, is hereby denied. Appellant's motion for extension of time to serve reply brief on the merits is granted and petitioner shall have twenty days after service of Respondent First Home Builders of Florida's amended answer brief on the merits in which to serve the reply brief on the merits.
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11/13/2006
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ANSWER AMD BRIEF-MERITS
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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(O&7 & E-MAIL)
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12/08/2006
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REPLY BRIEF-MERITS
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PT United States Fire Insurance Company BY: PT June Galkoski Hoffman 50120
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(O&7 & E-MAIL) (NO TABLE OF CONTENTS, NOT TABLE OF CITATIONS, CERT OF SERVICE IS DATED INCORRECTLY)
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12/11/2006
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ORDER-BRIEF STRICKEN (NON-COMPLIANCE)
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Petitioner's reply brief, which was filed with this Court on December 8, 2006, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Petitioner is hereby directed, on or before January 5, 2007, to serve an original and seven copies of an amended brief which includes a table of contents, a table of citations, and a certificate of service providing the correct date of service.
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12/18/2006
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REPLY AMD BRIEF-MERITS
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PT United States Fire Insurance Company BY: PT Sina Bahadoran 523364
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(O&7 & E-MAIL)
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12/18/2006
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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(O&7)
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01/03/2007
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ORDER-OA SCHED (PREV ACCEPTED)
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The above cases are hereby consolidated for the purpose of oral argument. The Court will hear oral argument at 9:00 a.m., Monday, March 5, 2007.
A maximum of twenty minutes to the side as consolidated is allowed, but counsel is expected to use only so much of that time as is necessary.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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01/03/2007
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ORAL ARGUMENT CALENDAR
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02/09/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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03/05/2007
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ORAL ARGUMENT HELD
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03/08/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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03/12/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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03/16/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT United States Fire Insurance Company BY: PT Ronald Lee Kammer 360589
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O&5 (03/19/2007 - 2 COPIES FILED)
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03/29/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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05/07/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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06/04/2007
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MOTION-OTHER SUBSTANTIVE
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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FILED AS "RESPONDENT'S MOTION FOR ORDER CHANGING STYLE OF CASE TO REFLECT THE TRIAL COURT'S REVISED HEADING BASED ON THE AGREED FILING OF THE SECOND AMENDED COMPLAINT AND PETITIONER'S ANSWER TO SAME FILED IN THE TRIAL COURT" (O&7)
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06/11/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT United States Fire Insurance Company BY: PT Sina Bahadoran 523364
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O&7
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06/13/2007
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MOTION-EXT OF TIME (RESPONSE)
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PT United States Fire Insurance Company BY: PT Jack R. Reiter 28304
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(TO RESP'S MOT FOR ORDER CHANGING STYLE OF CASE, ETC.)
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06/21/2007
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ORDER-EXT OF TIME GR (RESPONSE)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including July 5, 2007, in which to serve its response to Respondent's Motion for Order Changing Style of Case to Reflect the Trial Court's Heading Based on the Agreed Filing of the Second Amended Complaint and Petitioner's Answer to Same Filed in the Trial Court. NO FURTHER EXTENSIONS OF TIME WILL BE GRANTED TO PETITIONER FOR SERVICE OF THE REPONSE.
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07/09/2007
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RESPONSE
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PT United States Fire Insurance Company BY: PT Jack R. Reiter 28304
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TO RESP'S MOTION FOR ORDER CHANGING STYLE OF CASE, ETC. (O&1)
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07/16/2007
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ORDER-OTHER SUBSTANTIVE DY
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Respondents' Motion for Order Changing Style of Case to Reflect the Trial Court's Revised Heading Based on the Agreed Filing of the Second Amended Complaint and Petitioner's Answer to Same Filed in the Trial Court is hereby denied without prejudice to raise in the trial court after this appeal is concluded.
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09/04/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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10/03/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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O&7
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11/07/2007
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NOTICE-APPEARANCE
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PT United States Fire Insurance Company BY: PT Holly S Harvey 970190
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HOLLY S. HARVEY
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11/08/2007
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NOTICE-SUPPLEMENTAL AUTHORITY
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PT United States Fire Insurance Company BY: PT Donna Greenspan Solomon 59110
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O&7
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11/08/2007
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MOTION-STRIKE
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PT United States Fire Insurance Company BY: PT Donna Greenspan Solomon 59110
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FILED AS "PETITIONER'S MOTION TO STRIKE RESPONDENT'S EIGHTH AND TENTH NOTICES OF FILING SUPPLEMENTAL AUTHORITY (O&7)
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11/19/2007
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RESPONSE
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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TO PETITIONER'S MOTION TO STRIKE (O&7)
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11/19/2007
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MOTION-COUNS SUBSTITUTION STIPULATION
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Gregory A. Victor 306371 BY: Gregory A. Victor 306371
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(O&2)
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11/27/2007
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ORDER-COUNS SUBSTITUTION STIPULATION GR
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The stipulation for substitution of counsel as attorney of record is hereby approved by this Court and Joseph R. Miele, Jr. of Marshall, Dennehey, Warner, Coleman, and Goggin is hereby substituted as counsel of record for petitioner.
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12/07/2007
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ORDER-STRIKE DY
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Petitioner's Motion to Strike Respondent's Eighth and Tenth Notices of Filing Supplemental Authority is hereby denied; however, any party seeking to file any other supplemental notices of authority shall first seek leave of this Court.
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12/20/2007
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DISP-APPROVED
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Accordingly, we approve the Second District's decision in J.S.U.B. and disapprove the Fourth District's decision in Lassiter to the extent that it held that CGL policies can never provide coverage for a claim made against the contractor for damage to the completed project caused by a subcontractor's faulty workmanship.
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01/04/2008
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MOTION-EXT OF TIME (REHEARING/REINSTATEMENT)
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MP Amerisure Insurance Company BY: MP Shaun Mcparland Baldwin
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(RC)
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01/08/2008
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ORDER-EXT OF TIME GR (REHEARING/REINSTATEMENT)
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Petitioner's motion for extension of time is granted and petitioner is allowed to and including January 18, 2008, in which to file a motion for rehearing.
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01/14/2008
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NOTICE-ADDRESS CHANGE
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RS J.S.U.B., Inc. BY: RS Mark A. Boyle 5886
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FILED AS "NOTICE OF CHANGE OF NAME" (FIRM NAME CHANGED FROM FINK & BOYLE, P.A. TO FINK, BOYLE & GENTILE, P.A.)
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02/08/2008
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NOTICE-ADDRESS CHANGE
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MP Complex Insurance Claims Litigation Association BY: MP William D. Horgan 176877
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FILED AS "NOTICE OF CHANGE OF COUNSEL'S FIRM AND ADDRESS)
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02/11/2008
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NOTICE-ADDRESS CHANGE
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MR Arvida Jmb Partners BY: MR R. Hugh Lumpkin 308196
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FOR ARVIDA/JMB PARTNERS; ARVIDA/JMB MANAGERS; ARVIDA MANAGEMENT LIMITED PARTNERSHIP; & MERCEDES HOMES, INC.
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04/14/2008
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ORDER-ATTY FEES GR (AMT BY TR CT - M/O)
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04/30/2008
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ARCHIVES
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Box
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10/16/2008
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RECORD/TRANSCRIPT RETURNED
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Hon. James Birkhold BY: Hon. James Birkhold
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5 VOLUMES OF RECORD, 1 CONSTRUCTED VOLUME OF BRIEFS, 1 MANILLA ENVELOPE OF EXHIBITS
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